Civil Cases in Justice Courts

EMPLOYEES OF THE JUSTICE COURT MAY NOT GIVE ANY LEGAL ADVICE.

The Government Code of the Texas Statutes prohibits any employee in this office from giving any legal advice: 

  • 81.101. DEFINITION.
  • In this chapter the “practice of law” means the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.
  • 81.102. STATE BAR MEMBERSHIP REQUIRED. (a) Except as provided by Subsection (b), a person may not practice law in this state unless the person is a member of the state bar.

 

 Please do not ask legal advice of any of the employees in the Justice Court Office.  If you need assistance, refer to an Attorney. 

 Thank you for your understanding in this matter

 New civil case types in the Justice Courts – Effective 8/31/2013

  • Debt Claim:A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The claim can be for no more than $10,000.00 excluding statutory interest and court costs but including attorney fees, if any.
  • Small Claims: A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. the claim can be for no more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any.
  • Eviction:An eviction case is a lawsuit brought to recover possession of real property, often by landlord against a tenant. A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any.
  • Repair and Remedy:A repair and remedy case is a lawsuit filed by a residential tenant under Chapter 92, subchapter B of the Texas Property Code to enforce the landlord’s duty to repair or remedy a condition materially affecting the physical health or safety of an ordinary tenant. The relief sought can be for no more than $10,000.00, excluding statutory interest and court costs but including attorney fees, if any.

In accordance with the Act of June 29, 2011, 82nd Leg., 1st C.S., ch. 3, §§ 5.02, 5.07 (HB 79) and the Act of April 2, 2013, 83rd Leg., R.S. (HB 1263), amending section 27.060 of the Texas Government Code and abolishing the small claims court as of August 31, 201 3, and pursuant to section 22.004 of the Texas Government Code, Rules 500-510 of the Texas Rules of Civil Procedure are adopted as follows, and Rules 523-591 and 737-755 of the Texas Rules of Civil Procedure and section 92.0563(d) of the Texas Property Code are repealed, effective August 31, 2013.

Rules of Civil Procedure 500-5 10 govern cases filed on or after August 31,2013, and cases pending on August 31, 2013, except to the extent that in the opinion of the court their application in a case pending on August 31, 2013, would not be feasible or would work injustice, in which event the formerly applicable procedure applies. An action taken before August 31, 2013, in a case pending on August 31, 2013, that was done pursuant to any previously applicable procedure must be treated as valid. Where citation or other process was issued or served prior to August 31, 2013, in compliance with any previously applicable procedure, the party served has the time provided for under the previously applicable procedure to answer or otherwise respond.

This Order also promulgates a justice court civil case information sheet, as required by new Rule 502 of the Texas Rules of Civil Procedure. The case information sheet takes effect August 31, 201 3.


Fee Schedule for Justice Court
All Civil Cases

Effective September 1, 2017

 

Debt Claim / Small Claim Petitions/Citations

Filing Fee:     $ 46.00  +      Service Fee:  $ 90.00 per person served

(If served by Constable in Angelina County)

 

Evictions

Filing Fee:     $ 46.00  +  Service Fee:  $ 90.00 per person served

 

Repair and Remedy Petitions/Citations

Filing Fee:     $ 46.00  + Service Fee:  $ 90.00 per person served

 

Counter/Cross Claims                                Demand for Jury Fee

Filing Fee: $ 46.00                                      $ 22.00 (civil only)

 

Writ of Garnishment

Filing Fee      $46.00                                               

Writ Fee        $ 5.00 per page ($40.00)     +  Service Fee $ 175.00

 

Writ of Sequestration

Writ Fee:       $ 5.00 per page ($20.00)  +  Service Fee: $ 175.00

(Plus cost of suit)

 

Writ of Possession

Writ Fee:       $ 5.00 per page ($20.00) +  Service Fee $ 90.00

 

Writ of Execution

Writ Fee:       $ 5.00 per page ($20.00)   +  Service Fee  $ 175.00

 

IMPORTANT NOTICE:

Execution of any Writ or conducting a Sale which exceeds 1 hour of officer’s time will incur an additional fee of $100.00 per hour or part of an hour payable by Plaintiff.

Sheriff or Constable’s commission on an Execution of Order of Sale, in addition to the fees above, when the same is made by a sale:  the first $100.00 or less is 10 percent; the second $100.00 is 7 percent; all sums over $200.00 and not exceeding $1,000.00 is 4 percent; all sums over $1,000.00 and not exceeding $5,000.00 is 2 percent; all sums over $5,000.00 is 1 percent.  When the money is collected by the sheriff or constable without a sale, half of the above commission shall be allowed. Tax sales held are not subject to any additional commission.

These fees are authorized by Texas Local Government Code Section 118.131

 

 Writ of Re-Entry

Filing Fee: $ 46.00  +  Service Fee  $ 35.00

 

Order of Retrieval

Filing Fee: $ 46.00  +  Hearing Notice Service Fee $ 35.00

                                         Execution of Order $ 35.00

 

Occupational License Fee

Filing Fee: $ 46.00    +  Cost of Orders IF issued: $ 20.00